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GORDON v. PELLILLO

Appellate Division of the Supreme Court of New York, Second Department.
Jun 1, 1992

Ordered that the order is affirmed, with costs.

Where, as here, the papers offered on a motion for summary judgment show that there are triable issues of fact, summary judgment is properly denied (see, CPLR 3212 [b]; Supan v Michelfeld, 97 A.D.2d 755). Thompson, J.P., Bracken, Sullivan and Santucci, JJ., concur.